Understanding Retail Fraud in Michigan

Michigan law defines retail fraud as taking property from a store with the intent to steal it, switching labels to pay a lower price, or attempting to return stolen items for cash or credit. In legal terms, Michigan recognizes three degrees of retail fraud:

• Retail Fraud in the First Degree (Felony): Stealing merchandise valued at $1,000 or more, or with a prior retail fraud conviction and a theft totaling $200 or more. Punishable by up to 5 years in prison and fines up to $10,000 or three times the value of the stolen goods (whichever is greater).
• Retail Fraud in the Second Degree (Misdemeanor): Theft of goods valued between $200 and $1,000. Punishable by up to 1 year in jail and a $2,000 fine or three times the value of the stolen item.
• Retail Fraud in the Third Degree (Misdemeanor): Theft of goods valued under $200. This charge carries up to 93 days in jail and up to a $500 fine, or three times the value of the goods.

In addition to criminal penalties, these charges often come with probation, community service, and mandatory anti-theft or counseling programs. A criminal record for theft—even a third-degree misdemeanor—can make it harder to get a job, qualify for housing, or even receive certain professional licenses.

So, Why Does Retail Fraud Surge in October?

Several factors contribute to the rise in theft during this particular month. Here’s a closer look:

1. Pop-Up Halloween Stores

National retailers set up seasonal locations—Spirit Halloween being one of the most well-known—throughout Michigan, often in temporarily rented commercial spaces. These stores are typically open from August through early November, and they aren’t outfitted with the same kind of security systems or consistent staff training that you find at year-round stores. This makes them vulnerable to shoplifting.

Halloween stores attract high-volume, fast-paced shopping, and the merchandise—costumes, masks, props, and decorations—can be relatively easy to conceal or manipulate in price. All these factors create an environment that lends itself to impulsive or planned theft.

2. Seasonal Hiring and Inexperienced Staff

Retailers across Michigan staff up before Halloween in anticipation of higher customer traffic, especially in busy suburban areas such as Livonia, Canton, Westland, and Ann Arbor. Temporary employees may not be trained in loss prevention, which can make it easier for theft to go undetected—or lead to accusations when procedures aren't followed correctly. Unfortunately, this also means more people are misidentified or wrongfully accused of retail fraud.

3. Costume-Driven Disguises

Let’s face it—when you walk into a store wearing a mask or full costume, it’s hard to identify you. While Halloween attire is generally harmless, some individuals take advantage of the opportunity to conceal their identity for less innocent purposes. Surveillance footage loses much of its usefulness when customers are wearing wigs, hats, and face paint, making it difficult to prosecute offenders later—or worse, leading to mistaken identity and false charges for innocent shoppers.

4. Financial Pressure for Families

It’s not always about greed. Parents want to make Halloween special for their kids, but between school activities, costumes, decorations, and candy, October can put a strain on many families’ finances. That financial pinch sometimes pushes individuals to make choices they wouldn’t otherwise consider. While emotional motivations don't excuse theft legally, they may help explain why we see more of it this time of year.

How Michigan Prosecutors Handle These Cases

Whether you were caught by store security or the police responded to a call, once a retail fraud investigation begins, prosecutors in Michigan take these cases seriously. Even a third-degree retail fraud charge is not something you'll want to brush off.

Here’s what you can expect if you're charged with retail fraud in Michigan:

• Arraignment: After your arrest or ticket, your first court appearance will be your arraignment, where the judge informs you of the formal charges and you enter a plea.
• Bond Conditions: The judge may release you on a personal recognizance bond or require a cash bond. Standard conditions often include no contact with the store, abstaining from drug/alcohol use, and checking in with the court.
• Pre-Trial Conferences and Motions: Your attorney can negotiate with prosecutors for a reduction, dismissal, or alternative solution like a plea under advisement (which may eventually lead to dismissal if you successfully complete probation).
• Trial: If you maintain your innocence or no agreement is reached, your case will go to trial, where the prosecution must prove every element beyond a reasonable doubt.

Every case is different, but with a strong Michigan criminal defense attorney by your side, many retail fraud cases can end favorably. We’ve handled hundreds of theft cases and seen just how mistaken identity, lack of intent, or false accusations can lead to criminal charges for people who don't belong in the justice system.

Your Options for Fighting a Retail Fraud Charge

Just because you’ve been charged doesn’t mean you’re guilty. In Michigan, the prosecution must prove intent to steal beyond a reasonable doubt. That can be difficult in many retail fraud cases, especially when:

• Items were left in a cart or basket accidentally.
• You weren’t aware a family member or child had something concealed.
• You switched prices based on a genuine belief about a store promotion.
• There was simply a misunderstanding or wrongly issued accusation by a security guard or cashier.

Your attorney may also challenge the way evidence was obtained (for instance, if you were unlawfully detained) or argue that your Fourth Amendment rights were violated. And in many first-time offense scenarios, we seek dismissals through deferral programs such as HYTA (Holmes Youthful Trainee Act) or retail fraud diversion programs offered in certain Michigan courts.

What to Do If You’re Accused

If you were stopped by store personnel or given a citation for retail fraud, do not make a statement. While the situation may feel intimidating, anything you say can be used against you in court, even if you didn’t realize you were being accused of a crime at the time.

Instead, do this:

• Stay calm and cooperative, but do not volunteer information.
• Politely request an attorney before signing anything or agreeing to any interviews.
• Contact an experienced criminal defense attorney immediately.

A well-prepared legal defense can make a tremendous difference in how your case turns out—even if the odds seem stacked against you. At Boria Law, we know Michigan’s courts, judges, and prosecutors. We’ve entered hundreds of courtrooms to fight for people just like you facing charges in places like Plymouth, Novi, Livonia, and Detroit.

How to Prevent an October Arrest

Sometimes the best way to handle a criminal charge is to avoid it altogether. Here are some practical steps you can take during the Halloween shopping season to stay out of legal trouble:

• Watch your children and teens closely while shopping.
• Avoid trying on costume items until you’ve paid for them.
• Keep track of what's in your cart, especially at crowded stores.
• Double check receipts and make sure you’ve paid for everything before leaving.
• Never attempt to switch tags, return used items, or exploit return policies. Not only is it unethical—it’s a fast path to criminal charges.

Retailers often have advanced loss prevention systems such as RFID tags, cameras, plainclothes security officers, and even partnerships with local law enforcement that make it easier than ever to track potential incidents.

Need Help with a Retail Fraud Case?

If you've been charged with any degree of retail fraud—especially during October’s busy season—you need a strong, experienced defense to protect your future. Michigan criminal defense attorney Aaron J. Boria has handled retail fraud cases across the state, from big box store incidents to boutique misunderstandings. Whether you’re facing your first criminal accusation or have a prior record, we’re here to help you fight back.

Call (734) 453-7806 for a free consultation. Every call is 100% confidential. We’ll explain your rights, explore your defenses, and lay out a strategy that gives you the best shot at dismissal, diversion, or reduced penalties.

Conclusion

Retail fraud charges during Halloween season may be more common than you think—but they’re not the end of the world, especially with the right legal guidance. From pop-up store security lapses to missteps with seasonal hires, there are plenty of ways that shoppers get caught in the legal web. Whether the situation was a true mistake, a misunderstanding, or a lapse in judgment, it’s vital to act fast. Protect your rights and your future with knowledgeable legal help from someone who has fought retail fraud charges in Michigan’s busiest courts.

Call Aaron J. Boria at (734) 453-7806 today for your free case review—we’re here when you need us.